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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error is malpractice based on the ability of the patient to establish four legal elements: a professional duty breach of this duty; harm resulted from the breach and tangible damages.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

The inability of a doctor to diagnose an illness or injury could result in serious complications or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence, a patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

It is not always a case of negligence, but. Even highly trained and experienced doctors make mistakes, therefore any claim of malpractice has to be supported by other elements like breach, proximate cause and actual injury. For instance, if a physician fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection in the process, the doctor could be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged misconduct occurred. Federal courts may be able to handle the case in certain situations. A case may be brought before a federal court under certain circumstances. For instance, it may involve a dispute about the statute of limitations or when the parties are of different nationalities. Certain claims are settled through arbitration that is binding and malpractice lawsuit voluntary. This is a less formal process that involves professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risks associated with large juries. However, arbitration isn't accessible for all claims of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are often preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries caused by a patient who received the wrong dosage of a medication.

A doctor might prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional may also give the wrong dosage due to a breakdown in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist might have a mistake while filling the prescription. In other instances the doctor could delay the proper medication, which could cause the patient's condition to worsening.

To prevail in a malpractice lawsuit, a victim must show that the medical professional did not meet their standards of care and that the negligence directly contributed to their injuries. This requires medical experts to be able to testify. A medical malpractice case must prove the extent and damage of the victim's injuries. This includes the costs of a person's treatment and any lost wages. Generally, the greater a loss is in the greater value of the claim will be.

The wrong procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, but it does happen. A surgeon who makes this error can be found to be liable for malpractice. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred along the process.

Any health care professional who is accused of malpractice must show that the patient was injured due to a specific act or failure to act. To establish this the legal team of the patient must demonstrate that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system is able to be able to address.

A breach of the duty of care is not relevant unless it causes injury which is the reason medical malpractice lawsuits are generally founded on a legal principle called "res ipsa loquitur." This law states that, in many instances certain injuries are so obvious and evident that they can only be explained by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in state or federal court. Most malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these instances the surgeon isn't solely accountable for a mistaken-site procedure due to the legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure, he or her may need additional procedures to correct issues that were caused due to the error. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are typically held liable for surgical errors as they are the ones who are accountable for prepping for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure the incision is done at the correct place. However, in some cases an anesthesiologist or a hospital could be held accountable. Medical malpractice claims are generally filed in state courts. However, under certain circumstances, they can be transferred to federal courts.